TITLE administration

Part III. Office of the Attorney General

Chapter 61. Crime Victims' Compensation

1 TAC §§61.2, 61.5-61.10, 61.13, 61.24, 61.25, 61.31, 61.32, 61.35, 61.38, 61.39

The Office of the Attorney General adopts the repeal of §61.5, amendments to §§61.2, 61.6 - 61.10, 61.13, 61.24, 61.25, 61.31, 61.32, 61.35, 61.38 and new §§61.5 and 61.39 concerning crime victims' compensation. §§61.2, 61.5-61.10, 61.13, 61.24, 61.25, 61.31, 61.32, 61.35, 61.38 and 61.39 are adopted without changes to the proposed text published in the November 21, 1997 issue of the Texas Register (22 TexReg 11189) and will not be republished.

The repeal, amendments and new rules are necessary to clarify administrative procedures regarding both existing benefits and new benefits passed by recent legislation. Amendments are also adopted to maintain the integrity of the fund in accordance with legislative intent. The public will benefit from having more benefits available to them and to the providers who service them.

The repeal, amendments and new rules are adopted under the Crime Victims' Compensation Act, Texas Code of Criminal Procedure, Article 56.33 which provides the Office of the Attorney General with the authority to promulgate and adopt rules relating to the method of filing claims and the proof of entitlement to compensation and the review of health care services subject to compensation under this chapter.

§61.2 will function to clarify the terms used in the Act. It also provides that certain damaged or stolen property now constitutes a pecuniary loss under the Act. §61.5 establishes guidelines for determining unjust enrichment in cases where a lost support award is contemplated. §61.6 is amended to clarify the new three year deadline for filing the application. §61.7 functions to establish guidelines for the verification of lost wages and lost support. §61.8 establishes limits on payments for medical reports and copies. §61.9 gives the chief the authority to make awards in the best interest of the victim or claimant. §61.10 increases the maximum on lost wage and lost support awards to $500 per week and limits day care awards to services provided by properly licensed entities only. §61.13 functions to require only a written request instead of an affidavit when lump sum payments are made. §61.24 clarifies that donations are not considered collateral sources under the Act. §61.31concerns mental health expenses and contains no substantive changes from the previous rule. §61.32 establishes limits on inpatient and residential psychiatric care. §61.35 functions to clarify the administrative appeals process. §61.38 is amended to add adjudications of felonious crimes as a justification for denying awards during the time period of probation or parole. §61.39 functions to establish limits on the new travel benefits.

The agency received no comments on the proposal.

The new and amended sections are authorized under the Crime Victims' Compensation Act, Texas Code of Criminal Procedure, Subchapter 56B, Article 56.33 which provides the Office of the Attorney General with the authority to promulgate and adopt rules consistent with the Act governing its administration, including rules relating to the method of filing claims and the proof of entitlement to compensation.

The new rule and amendments affect the following articles of the code: §§61.2, 61.5, 61.7, 61.8, 61.10, 61.13, 61.24, 61.31, 61.32 and 61.39 affect TEXAS CODE CRIMINAL PROCEDURE., Article 56.32(a)(9). §61.2 also affects TEXAS CODE CRIMINAL PROCEDURE 56.42(b). §61.5 also affects TEXAS CODE CRIMINAL PROCEDURE 56.37. §61.7 also affects TEXAS CODE CRIMINAL PROCEDURE 56.42(b). §61.9 affects TEXAS CODE CRIMINAL PROCEDURE Article 56.44(d). §61.13 also affects TEXAS CODE CRIMINAL PROCEDURE Articles 56.44(a)-(b). §61.25 affects TEXAS CODE CRIMINAL PROCEDURE Article 56.48. §61.35 affects TEXAS CODE CRIMINAL PROCEDURE 56.38, 56.40, 56.47 and 56.48. §61.38 affects TEXAS CODE CRIMINAL PROCEDURE Article 56.311.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on December 19, 1997.

Assistant Attorney General

Office of the Attorney General

Effective date: February 1, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 475-4499

1 TAC §61.5

The repeal is authorized under the Crime Victims' Compensation Act, Texas Code of Criminal Procedure, Subchapter 56B, Article 56.33 which provides the Office of the Attorney General with the authority to promulgate and adopt rules consistent with the Act governing its administration, including rules relating to the method of filing claims and the proof of entitlement to compensation.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on December 19, 1997.

Assistant Attorney General

Office of the Attorney General

Effective date: February 1, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 475-4499